Section 350 in Karnataka Municipal Corporations Act, 1976
350. Recovery of cart-stand fees, etc.
(1)If the fee leviable under sub-section (1) of section 348 is not paid on demand, the person appointed to collect such fee may seize and detain such portion of the appurtenances or load of such cart, carriage, motor vehicle or animal as will, in his opinion, suffice to defray the amount due; in the absence of any such appurtenances or load or in the event of their value being insufficient to defray the amount due, he may seize and detain the cart, carriage, motor vehicle or animal.(2)All property seized under sub-section (1) shall be sent within twenty four hours to the Commissioner or to such person as he may have authorised to receive and sell such property and the Commissioner shall forthwith give notice to the owner of the property seized or if the owner is not known or is not resident within the city, to the person who was in charge of such property at the time when it was seized or if such person is not found, give public notice that after the expiry of two days, exclusive of Sunday, from the date of service or publication of such notice, the property will be sold in public auction at a place to be specified in the notice.(3)If at any time before the sale has begun, the amount due on account of the fee, together with the expenses incurred in connection with the seizure, detention and proposed sale is tendered to the Commissioner or other person authorised as aforesaid, the property seized shall be forthwith released.(4)If no such tender is made, the property or a sufficient portion thereof may be sold and the proceeds of the sale applied to the payment of,-(i)the amount due on account of the fees;(ii)such penalty not exceeding the mount of the fee as the Commissioner may direct;(iii)the expenses incurred in connection with the seizure, detention and sale.(5)If, after making the payments referred to in sub-section (4) there is any surplus sale proceeds or any property remaining unsold, the same shall be paid or delivered to the owner or other person entitled thereto.
